Introduction:
Land issues for most of the indigenous communities across the globe is a very pressing concern. Since, it has been a long drawn struggle from the time of colonisation more than six hundred years from now, the indigenous people along with the local communities have had the simelar situation, however with some socialisation differences. While the 9th of August is marked as the International Day of the World Indigenous Peoples stands against the notion of discovering indigenous peoples and their lands by Colombus marked as the Day of celebration on the second Monday of October. The case of eastern India, Jharkhand brings in long standing, with a deep contrast observed in the social, political developments in the recent years. There is much to be reflected upon and proactively be involved in the process.
Land issues and the present land situation in Jharkhand.
Status of Land rights ownership with specific reference to women in the state.
Overview of land laws of Jharkhand.
Ongoing initiatives in Jharkhand
Land Governance best practices.
Land issues and the present land situation in Jharkhand
The three new states that were carved out in the year 2000, UttraKhand, Chhattisgarh and Jharkhand had their own history of cultural histories of struggles. More can be discussed later about its timing and the different interests behind its creation. While these two new states Jharkhand and Chhattisgarh are rich in mineral and natural resources, they also have the provisions of protective legislatures giving them basic immunity and different levels of community and collective ownership of the same. The provision of the Fifth Schedule of the Constitution for both the states and the three other legislations in Jharkhand, the Chotanagpur Tenancy Act (CNT), Santhal Pargana Tenancy Act (SPT), and yet another special governance provision in the Wilkinson Rule are their protective legislation. Here the varied levels of center’s and state’s developmental programs fall contrary to state acquisition laws and are superseded by the central acts e.g. Coal Bearing Areas (Development) Act, The Land Acquisition Act, and others. While the two acts for the acquisition of land for a public purpose are available in the state. While PESA the central Act also passed in this decade to empower the Gram Sabhas (tribal-self-rule) system in the Scheduled states, the state governments in both the states are yet to make the Rules for its better implementation. Similarly is the Forest Rights Act which also is the central act having issues in its implementation at the community level.
The conflicting situation emerging out of the social and political reality in Jharkhand needs more clarity in understanding the basic land rights question and its challenges. The mineral-rich state, with its landmark struggles in history and the making of its special legislation for protecting their land rights and for self-governing themselves, is surrounded by several issues that have come up in the course of the last two decades that need deeper reflection.
It will be important to have a look at the special land legislatures and their developments in Jharkhand. As it is, there are 24 districts, 13 out of them are fully Scheduled and 3 are partially Scheduled thus distinguishing it from the general areas. Besides these, among these special acts are the Wilkinson Rule in Kolhan area, the Chotanagpur Tenancy Act, and the Santhal Pargana Tenancy Act which have a special significance in terms of land rights of the communities here. All the 24 districts are covered by these two Acts. This prevents the transfer of Tribal land to non-tribal person(s).
Status of Land rights ownership with specific reference to women in the state.
The land question in Jharkhand goes long back into the history of India. More particularly speaking of land title in the context of women and their ownership, there is a deeper contrast on the matter. This is when the CNT, SPT, and Wilkinson Rule clearly mentions the male lineage in the rights of land among the tribals in Jharkhand. However, there is another side to the issue, especially, after the colonial masters having conducted the land survey, same as in their own system, identified the male counterparts of the community members as titleholders of the land. This brought in a change in the understanding among the tribal communities (as their customs also suggested) that the male member is the only inheritor of the land in Jharkhand. Before the system of the title of the land, the land was owned by the community, the khut, or the family. The Khuntkatti rights have been recognised partially by law. The study can reflect on the issue, not with an exclusive view of women’s land rights, but land rights with reference to women in Jharkhand. This paper can set a tone of land issues in Jharkhand giving a lead to areas of strengths and challenges of women and land rights in the ongoing land struggles and issues in the state.
Overview of land laws of Jharkhand
All together three major processes in Jharkhand shaped these protective legislations to self-govern and claim their special land rights. (i) Starting from 1774 in the Rajmahals with the Paharias where Augustus Cleveland the first British Collector formed the assembly of Chiefs when their system did not happen to bring results to quell the Paharia unrest. Following the Santhal Hul – revolt in 1854-55 in Santhal Pargana here led to the formation of the Santhal Pargana Tenancy Act of 1876 and then finally the Act of 1949. (ii) In the Chota Nagpur area starting from the Tamar revolts of the Mundas way back in 1782, followed by the Kol revolt in 1829 - 39 and then the Birsa Movement ultimately leading to the formation of the Chota Nagpur Tenancy Act 1908. the Chota Nagpur Tenure Act 1969 is also an important Act (iii) Amidst these rebellions in the Singhbhum area the Hos rebellion against British rule the Wilkinson Law came into existence in 1837 giving special administrative rights to the traditional chiefs, the Munda-Manki system of the Ho tribes. All of it had shaped the self-governance and land rights of the tribal peoples of Jharkhand. In independent India, not all but several sections of the CNT and SPT were included in the ninth schedule of the constitution, besides these areas, earlier called the “partly excluded areas” later were included as the Fifth Schedule with special governance provisions.
The issues of land after the formation of Jharkhand, in this backdrop of the protective legislation, brings forth a deep-rooted conflict of their typical understanding of tribal autonomy and self-governance vis a vis what is said to be ‘development’ and ‘good governance’ which the authorities /governments then and now want to replace it with. Though the steps indicated in the constitution for the way to move forward are options that were to be considered and executed by the leaders.
Land, its acquisition, its appropriation (or land grab), and displacement of the people who have ownership over these lands, have been a structural issue. One of the Study has shown that, broadly of the 16 kinds of projects (mining, dam, industry, thermal power projects, urban infrastructure projects… and more) in seven states and one union-territory since the year 1951 to 1995 the number of persons displaced is 19810834. Jharkhand alone had 1548017 persons displaced, of whom 40.08% were tribal person, 13.75% were dalits, 43.71% were others and 2.47% could not be categorized. The individual cases of land alienation that follows the structural alienation is not included here.
However, the following chain of events, speaking of the deep-rooted conflict, after the formation of the state of Jharkhand in the year 2000 can help understand the aspiration of the people who struggled to keep their autonomy and self-governance are moving in the expected direction or taking a different course.
As of now, there have been six chief ministers since the formation of the state, Babulal Marandi, Arjun Munda (thrice), Sibu Soren (thrice), Madhu Kora, Hemant Soren (twice), and Raghubar Das. Broadly speaking, there are four major steps that happen to impact the present-day land situation.
(i) The first chief minister, Babulal Marandi’s vision of urbanized Jharkhand, as articulated in his book “Greater Ranchi Kyon'' and “Hai Re Ugread” (Lok Sabha) both in Hindi, wanted to bring about a radical change in the state. He also wanted to do away with the special legislations as he believed that these legislations are blockers in the course of tribal development. (A review of changes brought in during his being in power could be done, it was not only Babulal Marandi but the trend is that of BJP which includes the following chief ministers and carrying forward the similar pattern of development agenda. The presence and assertion of the Naxal and Maoist groups also happen to be an issue, which Sibu Soren when as the chief minister in 2005, 2008, and 2009 had not cooperated in Green Hunt - search and swapping of the naxal-moist groups)
(ii) The second set of land issues can be seen when Arjun Munda was in power. He too wanted to make changes in the land legislation. He tied up with Arcelor-Mittal Steel for setting up its project in Jharkhand and had announced that “…Every bottleneck will be removed to facilitate the project” (Economic Times). The Majhiyast lands in Khunti district were offered to the company and compensations were also given to the government. But it had sparked a protest not only in the project implementation areas but also on the ground where the protective legislations of the CNT and SPT would be amended. In the Santhal Parganas the company had proposed to build airports and infrastructures for steel and related industries. Both Arjun Munda and Bablal Marandi on later occasions have been quoted saying not to be going against the will of the people of changing the land legislations. The Patratu (power project) during his term has come up. Issues such as Adityapur, and renewal of the lease of TATA’s at a very very nominal rate including the extra unused land for nearly a century - which for five years after acquisition if not used should have been returned. (This phase also can be reviewed in the study of the kind of changes in the legislation and alienations that have taken place in the name of development - for industrial estates.)
(iii) Broadly speaking, the third set of issues that emerged with Raghubar Das as chief minister, is when ST reservation from nurses at RIMS was removed for example, and the movement for self-governance as per PESA called for a rally in Ranchi which clogged the life of the city for a day. The Chief Minister started coming out with strong statements against the Christian Missionaries and institutions. The course of events that percolated thereafter included the Pathalgari movement and its brutal suppression by the authorities. Both the movements for claiming for self-rule are based on the special land legislation, which is on the one hand not being implemented, and on the other widening the gap of larger scope for land grab. The Momentum Jharkhand, a program by the then chief minister was aimed to invite investors across counties, in which availability of the land was the main question. The idea of the land bank was thus intensified which claimed all the common and community lands to be government land. This, however, was a central govt’s program and later has been developed into the Indian Industrial Land Bank (IILB). Raghubar Das also had floated the program of the “Yojna Banao” campaign and collected not only the ideas of communities through their gram Sabhas but also got first-hand land details of these communities.
(iv) The fourth set of land issues is a mix of different paradigms of understanding of development. This includes a structural alienation (grab) of land, causing a ‘forced’ eviction or ‘displacement’ of people through programs and projects. Post independent, the narrative was nation-building, and development. This was for infrastructure as well as for expansion of real estates. With liberalization came the privatization and with this the narrative of development seems to be changing. In Jharkhand where the legislative provision for reclaiming the lands illegally taken the processes were either twisted and or left half way through, e.g. the SIT on land alienation and the SAR court, the Dakhal Dahini, recent orders to districts regarding data of land transfer. The newer trend of “development” comes more with the National Institute for Transforming India (NITI) Ayog and “aiming” towards 2030 millennium goals. (In paper the Ayog looks very progressive but this bring in a newer set of challenges in the land struggles of the people of Jharkhand (Jharkhand second-worst performer in NITI Aayog’s SDG index (Hindustan Times) fundings for projects are taken in hurry but without the ESMP and proper approval from the respective gram sabhas where the projects are to be built. The study can include case studies as illustrations.)
Ongoing initiatives in Jharkhand
Broadly speaking, there are three more visible streams of thought guiding the process. One - that is of the tribal identity and their struggle, which is among the earliest struggles ever seen in the nation-building process. Secondly, it is the left-oriented ideology that has made its own contributions to the land struggles of the people in Jharkhand. Thirdly, the ante caste-based struggle was inspired by the socialist ideology, the JP movement. Yes, another is the broader Dalit struggles in the state also to be seen here.
On the front, we have the national and regional political parties in Jharkhand who have formed their equations on grounds of different factors and are influenced by certain ideologies. On the other hand, the civil society groups also come together on social and human rights issues together or associate with watch others hold different positions on land issues. As said above, the said ideological orientations in Jharkhand take different positions on different issues. Taking the example of the forthcoming panchayat elections, the traditional leaders are opposed unless the changes are made in the JPRA or the Rules are made in accordance with PESA. Here the other groups would go for elections for whom tribal-self-rule is not much of concern and would prefer good governance instead of self-governance.
Land Governance best practices
Initiatives and processes by the community members and certain individual groups, e.g. tribal tourism initiatives, organic farming, small-scale lemon grass farming, and processing, dairy in past the forest areas, and alternative of opium cultivation livelihood. There are a few examples that can be brought forward as best practices in land governance. The pathalgari movement could also be seen as a representation of land rights in Jharkhand.
Programs to be taken up next
There is further a need to make serious efforts towards land rights as human rights. Land grab is a big issue at the global level, considering the process of land loot in Jharkhand in its context, progress should be made in the direction of social action. Understanding that Adivasi / indigenous land rights are important for environmental protection, it will be necessary to promote global cooperation in this regard.
(Author of this writeup is Bineet Mundu, it lays out a basic structure upon which more information on each of the aspects could be put together in the course of the study. It was initiated in response to the suggestion made by Ramesh of Ekta Parishad and here reviewed by Seerat Kachhap)
